Abstract: Most individual debtors file for bankruptcy relief with honest intentions. Nonetheless, there is also an underside to the American bankruptcy law system that often goes unreported and ignored in the scholarly literature, namely, the commission of fraud by debtors who seek protection under the Bankruptcy Code. One of the ways in which fraud upon the bankruptcy system occurs is when debtors intentionally conceal assets from the bankruptcy process.

Summary: Mr. Jarrett held a one-half remainder interest in real property, with the other one-half remainder interest held by his sister and the life estate in favor of his mother. The tax value of the property is $118,500, with a $42,362 mortgage. Mr. Jarrett valued his fractional interest at $7,110 and exempted $4,568.28. The Court held that Chapter 7 Trustee could not sell an entire interest in the property free and clear of the interest of the life tenant. See In re Sargent, 337 B.R. 661 (Bankr. N.D.

Summary: The Joneses brought a breach of contract claim against Fulton Bank, alleging that Fulton Bank failed to send them a proper thirty-day pre-acceleration notice. See Bayview Loan Servicing, LLC v. Simmons, 654 S.E.2d 898, 901 (Va. 2008). The Joneses also challenged the appointment by Fulton Bank of a Substitute Trustee with instructions to commence foreclosure as not complying with the Deed of Trust.

Summary: In 2007, Bane’s company, Aequitas-Energy, Inc., purchased fifty acres of land (the Angel Lane Property) in Roanoke County, Virginia, from Bane’s mother, Martha Bane, who was granted at $400,000 mortgage against the property. This mortgage was never recorded and the later mortgage to Community Trust Bank was accordingly superior. Bane, having fallen into default on the Coummunity Trust mortgage and facing foreclosure, had the property transferred into his name and filed bankruptcy in 2010, the day before the foreclosure sale.

Summary: Stephens fell delinquent on her mortgage with HSBC and, prior to HSBC taking any action, sought a declaratory judgment that her mortgage contract was void ab initio, as it contained a waiver of her appraisement rights under South Carolina Code § 29-3-680.

Summary: The Debtor served a copy of a Motion to Avoid the Judgment Lien held by Main Street Acquisition Corp. at its place of business and also by serving its attorney in the state court action.

Summary: The Debtors were delinquent on their Chapter 13 plan payments, which included disbursements to Green Tree for a mobile home and land. Accordingly, on February 5, 2014, Green Treee filed a Motion for Relief from Stay. On February 1, 2014, however, Green Tree sent to the Debtors directly a letter offering to provide assistance with delinquent payments.

Summary: In an involuntary Chapter 7 case filed against a land developer, the Trustee sought turnover of rents generated by real property owned with the Debtor’s spouse as tenants by the entireties. The Debtor argued that, while earlier case law held that it was “settled that accruing rents and profits are attributable entirely to the husband and subject to the claims of his creditors”, Stubbs v.

Summary: Wells Fargo sought a reformation of a Deed of Trust, which it discover, after the borrowers defaulted and Wells Fargo foreclosed (putatively purchasing the property itself), did not describe the actual real property upon which the house was built. The trial court held that as Wells Fargo, having purchased the property at foreclosure, was no longer a lender and lacked standing as a purchaser to seek reformation. The Court of Appeals disagreed, following Citifinancial Mortg. Co. v. Gray, 187 N.C. App.

Summary: In February 2003, Currie, serving as the executor for the Estate of Della Brown, brought suit against the Poteats, for conversion of funds which were used to purchase their home, filing a notice of lis pendens on March 13, 2003. This action was subsequently voluntarily dismissed without prejudice in open court on September 7, 2004, so that Currie could be re-qualified as the executor of the estate.